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101 Mo. App. 618

State v. Blands

Missouri Court of Appeals

Decided April 14, 1903

Missouri Court of Appeals · decided 1903-04-14

<p>1. Intoxicating Liquor: AFFIDAVIT: MADE ON KNOWLEDGE OF ANY CITIZEN, SUFFICIENT. In a proceeding before a justice of the peace, brought by the prosecuting attorney, on affidavit in which it was stated that defendant did willfully and unlawfully sell intoxicating liquors in a less quantity than three gallons, to-wit, one pint or gill, upon which affidavit an information was filed by the prosecuting attorney. Held, that an information filed before a justice of the peace by a prosecuting attorney, is not required to be made upon the personal knowledge, nor to be verified by the oath of such officer, but may be exhibited upon the verified complaint, in writing, of any citizen having personal knowledge of the commission of the offense charged.</p> <p>2. -: SALE OF: AFFIDAVIT SUFFICIENT. The affidavit charged the sale of intoxicating liquor. Held, that was sufficient, as the kind of liquor was not required to be stated.</p> <p>3. -: AGREED STATEMENT OF FACTS, SUFFICIENT JUDICIAL NOTICE. An agreed statement of facts recited that defendant sold a glass of whiskey at the price of ten cents, and the affidavit and information both charged that the quantity sold was less than three gallons. Held, that it is common knowledge that the quantity of whiskey sold for the price of ten cents, in a household drinking vessel, must be less than three gallon's, and the court will take judicial notice of such fact.</p> <p>4. „-: COMMITTED ON STEAMBOAT: FEDERAL AND STATE LAWS. The fact that the offense was - committed upon a steamboat at the wharf at Tyler, in Pemiscot county, notwithstanding that the defendant’s employers had complied with the Federal and State laws governing the liquor traffic, would not legalize or condone the offense.</p>

Cited by 3 later decisions — most recently November 1910

2 state decisions

Relies on State v. Ransberger · State v. Ransberger · State ex rel. Lowe v. Banta

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1903-04-14

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REYBURN, J.

¶1The objections presented by appellant are, that the information was not verified, the affidavit of the complaining witness lodged with the justice stated no offense, and no offense known to the law was established by the agreed facts. An informa-tiion filed before a justice of the peace by a prosecuting attorney is not required to be made upon the personal knowledge nor verified by the oath of such officer, but may be exhibited upon the verified complaint in writing of any citizen having personal knowledge of the perpetration of the offense charged. State v. Ransberger, 106 Mo. 135; State v. Ransberger, 42 Mo. App. 466; State v. McCarver, 47 Mo. App. 650; State v. Maupin, 71 Mo. App. 41; State v. Hocker, 68 Mo. App. 415.

¶2The affidavit charging the sale of intoxicating liquor was sufficient; the kind of liquor was not required to be stated. Kelley’s Criminal Law, sec. 1074; State v. Melton, 38 Mo. 368.

¶3There is no force in the contention that the agreed statement of facts does not sufficiently prove that the quantity of intoxicating liquors sold was less than three gallons in quantity. The affidavit and information alike charge the quantity as less than three gallons, and the recital in the agreed facts is that defendant sold a glass of whiskey at a price of ten cents. It is a matter of common knowledge that the quantity of whiskey sold for such price contained in such well-known drinking vessel and household utensil must be less than three gallons, and a court must take judicial notice of such fact. The commission of the offense was completely established and the fact that it was perpetrated upon a steamboat at the wharf at Tyler, Pemiscot county, does not legalize or condone the-offense, nor is it affected by the compliance by the defendant’s employers with the Federal and State laws governing the liquor traffic at the home port in a State other than Missouri. Judgment affirmed.

Bland, P. J., and Goode, J., concur.
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